1 00:00:01,000 --> 00:00:04,400 Speaker 1: If our Republican majority stand up for these priorities, the 2 00:00:04,440 --> 00:00:08,080 Speaker 1: American people will stand with us in record numbers. We 3 00:00:08,160 --> 00:00:10,200 Speaker 1: have to be strong, we have to be tough, and 4 00:00:10,280 --> 00:00:12,560 Speaker 1: we can't let these thugs on the other side of 5 00:00:12,600 --> 00:00:15,400 Speaker 1: the aisle push us around because what they're doing right 6 00:00:15,480 --> 00:00:18,360 Speaker 1: now is wrong and the public knows it. 7 00:00:18,480 --> 00:00:18,640 Speaker 2: Now. 8 00:00:18,720 --> 00:00:21,040 Speaker 1: The public knows it, and they're on our side. But 9 00:00:21,079 --> 00:00:22,759 Speaker 1: you have to fight, and you have to be tough. 10 00:00:22,760 --> 00:00:23,919 Speaker 3: You have to be much tougher. 11 00:00:24,280 --> 00:00:27,639 Speaker 1: Then you have to stick together. Republicans have to stick together. 12 00:00:28,200 --> 00:00:32,400 Speaker 3: You're listening to the forty seven Morning Update with Ben ferguson. 13 00:00:31,960 --> 00:00:34,080 Speaker 2: Good Thursday morning. Nice to have you with us on 14 00:00:34,120 --> 00:00:38,720 Speaker 2: the forty seven Morning Update. It's called a modern day Watergate. 15 00:00:38,920 --> 00:00:42,000 Speaker 2: You've got a deep dive into the bombshell Senate Judiciary 16 00:00:42,040 --> 00:00:43,480 Speaker 2: hearing on Arctic. 17 00:00:43,280 --> 00:00:46,199 Speaker 4: Frost and now what we know about Jack Smith. 18 00:00:46,800 --> 00:00:49,720 Speaker 2: He was spying on anyone that he could, it was 19 00:00:49,760 --> 00:00:54,160 Speaker 2: connected to Donald Trump and then trying to create crimes 20 00:00:54,200 --> 00:00:55,120 Speaker 2: out of thin air. 21 00:00:56,000 --> 00:00:58,400 Speaker 4: Will some of these people be held accountable? 22 00:00:58,560 --> 00:01:02,600 Speaker 2: That's exactly what the Senate Committee is doing as we speak, 23 00:01:03,000 --> 00:01:04,399 Speaker 2: and we've got the highlights. 24 00:01:04,760 --> 00:01:07,720 Speaker 4: It's the forty seven Morning Update. And it starts right. 25 00:01:07,560 --> 00:01:08,960 Speaker 3: Now story number one. 26 00:01:09,120 --> 00:01:12,000 Speaker 2: We are learning a lot more now in the bombshell 27 00:01:12,080 --> 00:01:16,600 Speaker 2: Senate Judiciary hearing on Arctic Frost and exactly just how 28 00:01:16,720 --> 00:01:21,400 Speaker 2: corrupt the Biden administration really was. Now, before I get 29 00:01:21,400 --> 00:01:25,480 Speaker 2: into what the Senate Judiciary Committee told us today, let 30 00:01:25,480 --> 00:01:29,040 Speaker 2: me just remind you what Arctic Frost was all about. 31 00:01:29,640 --> 00:01:32,880 Speaker 2: It was the internal code name tied to that federal 32 00:01:32,920 --> 00:01:36,600 Speaker 2: investigation effort that was launched during the Biden Air Department 33 00:01:36,640 --> 00:01:41,080 Speaker 2: of Justice, an operation that, according to multiple whistleblowers and 34 00:01:41,680 --> 00:01:45,560 Speaker 2: internal memos now is coming to light. It was designed 35 00:01:45,560 --> 00:01:50,520 Speaker 2: to track and build cases tied to election related activity, 36 00:01:51,000 --> 00:01:58,320 Speaker 2: political organizing, and what officials labeled as domestic extremism risk networks. Now, 37 00:01:58,320 --> 00:02:02,000 Speaker 2: on paper, it was framed as a national security initiative, 38 00:02:02,440 --> 00:02:06,480 Speaker 2: but the reality was it was all about doing political 39 00:02:06,600 --> 00:02:12,400 Speaker 2: surveillance on Donald Trump and many of his allies. And now, 40 00:02:12,440 --> 00:02:15,560 Speaker 2: thanks to the Senate Judiciary hearing, we're getting a much 41 00:02:15,639 --> 00:02:18,959 Speaker 2: clearer picture of what was really going on behind the scenes. 42 00:02:19,680 --> 00:02:22,960 Speaker 2: The hearing turned into nothing short of a political earthquake. 43 00:02:23,639 --> 00:02:28,440 Speaker 2: Senators revealed new testimony and internal communications tied directly to 44 00:02:28,480 --> 00:02:33,239 Speaker 2: Special Counsel Jack Smith and what he allegedly demanded during 45 00:02:33,320 --> 00:02:38,000 Speaker 2: the height of Arctic frost and the operation Now. According 46 00:02:38,120 --> 00:02:42,840 Speaker 2: to the documents that were presented during the hearing, Smith 47 00:02:42,960 --> 00:02:48,760 Speaker 2: pushed for expanded authority to subpoena communications tied not just 48 00:02:48,880 --> 00:02:54,560 Speaker 2: to suspects, but to broader networks of individuals. He reportedly 49 00:02:54,800 --> 00:03:01,120 Speaker 2: advocated for aggressive timelines, demanding prosecutors moved fast master than 50 00:03:01,400 --> 00:03:08,280 Speaker 2: traditional thresholds would normally allow, and most explosively. Lawmakers revealed 51 00:03:08,320 --> 00:03:14,400 Speaker 2: discussions suggesting an effort to directly link political speech in 52 00:03:14,639 --> 00:03:19,959 Speaker 2: organizing activity to potential criminal exposure. Let me say that again, 53 00:03:20,560 --> 00:03:24,840 Speaker 2: this wasn't just about investigating crimes. They wanted you to 54 00:03:24,880 --> 00:03:28,720 Speaker 2: believe that, But what it was actually about was weaponizing 55 00:03:28,919 --> 00:03:33,080 Speaker 2: and redefining what could be considered a crime to lock 56 00:03:33,200 --> 00:03:37,440 Speaker 2: up Donald Trump in his allies. Now, According to testimony, 57 00:03:37,920 --> 00:03:43,400 Speaker 2: Smith wanted broader use of material witness warrants, even in 58 00:03:43,520 --> 00:03:48,120 Speaker 2: cases where individuals had not been charged. That is what 59 00:03:48,160 --> 00:03:52,360 Speaker 2: you call a phishing exploration, hoping to find a crime 60 00:03:52,960 --> 00:03:55,400 Speaker 2: with no crime that had actually been committed that you 61 00:03:55,520 --> 00:04:00,800 Speaker 2: knew about. He supported also using digital survey Aleen's tools 62 00:04:01,280 --> 00:04:06,360 Speaker 2: to map associations between the political activists that he wanted 63 00:04:06,400 --> 00:04:10,680 Speaker 2: to go after. That was the tree connected to Donald 64 00:04:10,680 --> 00:04:14,120 Speaker 2: Trump at the top, and he reportedly pushed the Department 65 00:04:14,160 --> 00:04:19,360 Speaker 2: of Justice teams to build cases as he described it outward, 66 00:04:20,080 --> 00:04:24,719 Speaker 2: meaning start first with a target aka Donald Trump or 67 00:04:24,720 --> 00:04:29,160 Speaker 2: one of his associates, and then expand the net until 68 00:04:29,279 --> 00:04:35,240 Speaker 2: something actionable is found or appeared. This is a stunning 69 00:04:35,480 --> 00:04:40,040 Speaker 2: admission by those at the hearing, making it clear that yes, 70 00:04:40,720 --> 00:04:43,240 Speaker 2: they didn't know of any crimes had been committed by 71 00:04:43,279 --> 00:04:47,200 Speaker 2: Trump or anyone around him. They instead just said we're 72 00:04:47,240 --> 00:04:50,159 Speaker 2: going to pick someone and then find a crime that 73 00:04:50,200 --> 00:04:53,200 Speaker 2: we can charge them with to shut them down politically. 74 00:04:54,040 --> 00:04:58,680 Speaker 2: This literally flips the entire justice system on its head. Now, 75 00:04:58,680 --> 00:05:02,640 Speaker 2: in America, you investigate a crime and then find a suspect, 76 00:05:03,040 --> 00:05:07,040 Speaker 2: but not under the Biden administration or regime. They picked 77 00:05:07,080 --> 00:05:10,960 Speaker 2: the target first, then went looking for a crime that 78 00:05:11,000 --> 00:05:14,520 Speaker 2: they could create out of thin air. Yes, this is 79 00:05:14,560 --> 00:05:19,720 Speaker 2: a grotesque abuse of power. Republican members the Senate Judiciary 80 00:05:19,720 --> 00:05:24,240 Speaker 2: Committee did not hold back. They described arctic frost as 81 00:05:24,279 --> 00:05:28,839 Speaker 2: a weaponized pipeline inside the DOJ, a system that allowed 82 00:05:28,880 --> 00:05:33,200 Speaker 2: federal prosecutors to test legal theories on political opponents, and 83 00:05:33,279 --> 00:05:36,680 Speaker 2: a framework that risked turning the justice system into a 84 00:05:36,839 --> 00:05:44,119 Speaker 2: tool of intimidation. Several senators pointed to internal language suggesting 85 00:05:44,279 --> 00:05:51,839 Speaker 2: the traditional safeguards probable cause, evidentiary thresholds prosecutorial restraints were 86 00:05:51,880 --> 00:05:57,200 Speaker 2: seen as quote unquote just obstacles rather than protections of 87 00:05:57,320 --> 00:06:00,840 Speaker 2: those that are innocent. And that's what the abusive power 88 00:06:00,960 --> 00:06:05,960 Speaker 2: argument became central. Because federal authority is used not just 89 00:06:06,040 --> 00:06:09,760 Speaker 2: to enforce the law, but to reinterpret it and apply 90 00:06:09,839 --> 00:06:10,760 Speaker 2: it selectively. 91 00:06:11,240 --> 00:06:14,000 Speaker 4: Then you don't just have a legal issue, you have 92 00:06:14,120 --> 00:06:16,599 Speaker 4: a constitutional one. Now. 93 00:06:16,640 --> 00:06:21,719 Speaker 2: President Trump responded swiftly and forcefully and remarks following the hearing, 94 00:06:21,839 --> 00:06:25,280 Speaker 2: Trump described the revelations as one of the most dangerous 95 00:06:25,279 --> 00:06:31,640 Speaker 2: abusive powers ever uncovered in Washington. President Trump didn't stop there. 96 00:06:31,760 --> 00:06:34,240 Speaker 2: He also went on to say that Arctic frost was 97 00:06:34,440 --> 00:06:39,120 Speaker 2: a coordinated effort to silence political opposition under the guise 98 00:06:39,160 --> 00:06:43,640 Speaker 2: of law enforcement. Trump also reiterated a core argument he 99 00:06:43,680 --> 00:06:48,840 Speaker 2: made repeatedly, the federal agencies were turned against the American people, 100 00:06:49,640 --> 00:06:52,240 Speaker 2: and that was clearly revealed in the hearing. And it 101 00:06:52,320 --> 00:06:56,159 Speaker 2: proves the system was rigged at the highest levels. Now, 102 00:06:56,160 --> 00:06:58,880 Speaker 2: if you want to know just how political this was, 103 00:06:59,160 --> 00:07:01,799 Speaker 2: I want you to take a listen to this part 104 00:07:01,839 --> 00:07:05,760 Speaker 2: of the shocking amount of data that came out. Senator 105 00:07:05,839 --> 00:07:11,880 Speaker 2: Cruz confirming that Biden's FBI wired tapped the current White 106 00:07:11,880 --> 00:07:16,239 Speaker 2: House Chief of Staff, Susie Wilds, during a privileged call 107 00:07:16,920 --> 00:07:22,520 Speaker 2: with her lawyer, without the consent of either party. Yes, 108 00:07:22,640 --> 00:07:27,600 Speaker 2: so much for client privilege with your attorney. No, they said, 109 00:07:27,640 --> 00:07:31,000 Speaker 2: we don't care. We want to listen in because we're 110 00:07:31,000 --> 00:07:34,200 Speaker 2: trying to find anything we can on Donald Trump. 111 00:07:36,120 --> 00:07:41,239 Speaker 5: Jack Smith issued nearly two hundred subpoenas. Is that correct. Yes, 112 00:07:42,160 --> 00:07:46,800 Speaker 5: those subpoenas targeted over four hundred Republican individuals and organizations. Correct, Correct, 113 00:07:47,960 --> 00:07:50,880 Speaker 5: many of whom had no connection to those who entered 114 00:07:50,880 --> 00:07:52,280 Speaker 5: the Capitol on January sixth. 115 00:07:52,360 --> 00:07:52,720 Speaker 4: Correct. 116 00:07:53,200 --> 00:07:57,440 Speaker 5: Absolutely, And in fact, some of those organizations didn't even 117 00:07:57,480 --> 00:07:58,880 Speaker 5: exist on January sixth. 118 00:07:58,960 --> 00:07:59,600 Speaker 4: Is that correct? 119 00:08:00,000 --> 00:08:00,360 Speaker 3: It is. 120 00:08:01,240 --> 00:08:04,240 Speaker 5: So we're not talking about a narrow investigation. We're talking 121 00:08:04,280 --> 00:08:09,840 Speaker 5: about a sweeping operation targeting virtually the entirety of the 122 00:08:09,880 --> 00:08:10,440 Speaker 5: other side. 123 00:08:10,480 --> 00:08:12,680 Speaker 6: Politically, it was a fishing expedition. 124 00:08:13,960 --> 00:08:16,680 Speaker 5: So let's turn to the constitution. Subpoenaing the tall records 125 00:08:16,680 --> 00:08:20,120 Speaker 5: of members of Congress, does that raise serious constitutional concerns? 126 00:08:20,320 --> 00:08:25,000 Speaker 6: Absolutely? And in fact, we have the pen who notified 127 00:08:25,080 --> 00:08:29,440 Speaker 6: the Special Consul's office of those concerns, and jack Smith 128 00:08:29,920 --> 00:08:33,440 Speaker 6: had apparently said that he was going to consult with 129 00:08:34,600 --> 00:08:40,119 Speaker 6: the Solicitor General, according to the release of the information 130 00:08:40,240 --> 00:08:44,319 Speaker 6: from Senator Grassley this morning. Yet when he was deposed 131 00:08:44,360 --> 00:08:47,600 Speaker 6: by the House and was specifically asked if he spoke 132 00:08:47,640 --> 00:08:55,640 Speaker 6: with the Solicitor General, he said on this discrete issue, no, among. 133 00:08:55,400 --> 00:08:58,360 Speaker 5: Other issues, it raises significant issues with the Speech and 134 00:08:58,400 --> 00:08:59,040 Speaker 5: Debate clause. 135 00:08:59,080 --> 00:09:00,200 Speaker 6: Correct. 136 00:09:00,679 --> 00:09:04,000 Speaker 5: So much so that, as you noted, when when Jacksmith's 137 00:09:04,360 --> 00:09:08,040 Speaker 5: subpoenat AT and T to get my toll records, AT 138 00:09:08,160 --> 00:09:11,160 Speaker 5: and T refused to comply with the subpoena because they 139 00:09:11,200 --> 00:09:14,440 Speaker 5: concluded that it violated the Speech and debate clauses, that correct. 140 00:09:14,960 --> 00:09:17,040 Speaker 6: Absolutely correct, and they backed down. 141 00:09:18,200 --> 00:09:20,480 Speaker 5: Jack Smith did not try to enforce that subpoena, didty 142 00:09:20,679 --> 00:09:22,439 Speaker 5: He did not. He did not go to court and 143 00:09:22,480 --> 00:09:23,760 Speaker 5: litigate the matter, did he? 144 00:09:23,760 --> 00:09:24,199 Speaker 6: He did not? 145 00:09:24,880 --> 00:09:27,480 Speaker 5: Does that suggest, as it does to me, that he 146 00:09:27,559 --> 00:09:29,760 Speaker 5: knew damn well what he was doing was illegal and 147 00:09:29,800 --> 00:09:31,040 Speaker 5: would not be upheld in court. 148 00:09:31,440 --> 00:09:32,600 Speaker 6: It does suggest that. 149 00:09:34,480 --> 00:09:40,000 Speaker 5: When the federal government subpoenas donor lists internal communications organization records, 150 00:09:41,480 --> 00:09:45,040 Speaker 5: does that implicate the First Amendment and also freedom association 151 00:09:45,120 --> 00:09:45,720 Speaker 5: in particular? 152 00:09:46,000 --> 00:09:48,800 Speaker 6: It does, and the Supreme Court made that clear in 153 00:09:48,840 --> 00:09:50,839 Speaker 6: the ENDULACP. 154 00:09:50,280 --> 00:09:58,200 Speaker 5: Case Mimss Chamberlain. Aside from the legal violations, what specific crimes, 155 00:09:58,960 --> 00:10:01,599 Speaker 5: if any, were actually covered as a result of the 156 00:10:01,679 --> 00:10:02,920 Speaker 5: Arctic Frost investigation? 157 00:10:04,480 --> 00:10:06,400 Speaker 7: I'm not aware of any crimes that were uncovered. 158 00:10:07,679 --> 00:10:11,560 Speaker 5: Would the senators, donors, organizations, and individuals who were surveilled 159 00:10:11,600 --> 00:10:16,479 Speaker 5: and subpoenaed have ever learned about the Arctic Frost investigation 160 00:10:16,640 --> 00:10:18,479 Speaker 5: had Trump not one in twenty twenty. 161 00:10:18,200 --> 00:10:22,920 Speaker 7: Four, Probably not, mainly because of these non disclosure orders, 162 00:10:23,600 --> 00:10:25,560 Speaker 7: but also I mean the fact that a lot of 163 00:10:25,600 --> 00:10:28,080 Speaker 7: these records were now just learning about them because they 164 00:10:28,080 --> 00:10:31,040 Speaker 7: were in these prohibited access files only available to their 165 00:10:31,120 --> 00:10:33,400 Speaker 7: FBI director. So if the FBI director is a Democrat, 166 00:10:33,440 --> 00:10:35,040 Speaker 7: there's no reason to think we know about them. 167 00:10:36,040 --> 00:10:40,240 Speaker 5: How would you compare the scope of the violations in 168 00:10:40,360 --> 00:10:42,199 Speaker 5: Arctic Frost to Watergate? 169 00:10:43,440 --> 00:10:46,160 Speaker 7: I think, if anything, it might even be greater. I 170 00:10:46,200 --> 00:10:48,480 Speaker 7: mean the scope of this in terms of the sheer 171 00:10:48,559 --> 00:10:52,440 Speaker 7: number of people and organizations affected, And as I discussed, 172 00:10:52,440 --> 00:10:55,640 Speaker 7: I mean this brazen violation of attorney client privileged wiretapping 173 00:10:55,679 --> 00:10:59,600 Speaker 7: a phone call between Susie Wilds and her lawyer. These 174 00:10:59,600 --> 00:11:02,400 Speaker 7: are just offenses. And you know, if Watergate was just 175 00:11:02,440 --> 00:11:04,559 Speaker 7: about a single break in, I mean this is effectively, 176 00:11:05,000 --> 00:11:06,640 Speaker 7: you know, compound that by two hundred. 177 00:11:07,440 --> 00:11:11,200 Speaker 2: You may have heard that shocking revelation no crimes were 178 00:11:11,320 --> 00:11:16,480 Speaker 2: found in Operation Arctic Frost because it wasn't about crimes. 179 00:11:16,920 --> 00:11:20,400 Speaker 2: It was about framing your political opponent and trying to 180 00:11:20,600 --> 00:11:23,000 Speaker 2: entrap them and charge them with crimes that you made 181 00:11:23,000 --> 00:11:26,679 Speaker 2: out of thin air. Center Cruz wrapped it up perfectly 182 00:11:26,840 --> 00:11:29,120 Speaker 2: when he said this at the Judiciary hearing. 183 00:11:29,600 --> 00:11:34,200 Speaker 5: Watergate was about a handful of files in a single office. 184 00:11:34,480 --> 00:11:39,439 Speaker 5: This reached into tens of thousands of private communications, emails, records, 185 00:11:39,800 --> 00:11:45,680 Speaker 5: and personal data, tall records, bank records, donor lists, law 186 00:11:45,720 --> 00:11:51,080 Speaker 5: firm records, and other personal files relating to every major 187 00:11:51,160 --> 00:11:53,920 Speaker 5: conservative organization or subpoena. 188 00:11:54,840 --> 00:11:58,640 Speaker 2: That is a perfect example of just how widespread the 189 00:11:58,679 --> 00:12:02,440 Speaker 2: abuse of power really was. And now the question is 190 00:12:03,080 --> 00:12:05,920 Speaker 2: will those that abuse their power be held to account? 191 00:12:06,320 --> 00:12:09,680 Speaker 2: That's exactly what Judiciary Committee seems to be working towards. 192 00:12:10,160 --> 00:12:13,720 Speaker 2: And not only were they going after the president, they 193 00:12:13,760 --> 00:12:19,480 Speaker 2: were also going after major conservative organizations. Turning Point, USA, 194 00:12:20,280 --> 00:12:25,800 Speaker 2: America First Policy Institute, even the Republican National Committee, so 195 00:12:25,920 --> 00:12:28,600 Speaker 2: this may be just the tip of the iceberg. 196 00:12:28,679 --> 00:12:31,360 Speaker 3: Thank you for listening to the forty seven Morning Update 197 00:12:31,480 --> 00:12:35,600 Speaker 3: with Ben Ferguson. Please make sure you hit subscribe wherever 198 00:12:35,640 --> 00:12:38,680 Speaker 3: you're listening to this podcast right now and for more 199 00:12:38,679 --> 00:12:42,439 Speaker 3: in depth news, also subscribe to the Ben Ferguson podcast 200 00:12:42,679 --> 00:12:44,559 Speaker 3: and we will see you back here tomorrow.